by Keith Hunt

A mother who dishonestly claimed almost £38,000 in benefit over several years has narrowly escaped a jail sentence.

Weeping Kelly Lawrence was told by a judge: “It was a very close call about sending you to prison immediately, because I don’t want to give the wrong message to others who think if they cheat the social they are not going to get that punishment.”

But he added he had to ask himself if it was in the public interest to send the 31-year-old mother of three into custody.

Lawrence, of Samual Drive, Kemsley, was sentenced to 10 months’ imprisonment, suspended for a year and ordered to do 220 hours’ unpaid work.

She admitted making a false representation between June 2001 and January 2004 and two deception charges.

Maidstone Crown Court heard Lawrence claimed housing and council tax benefit and income support without declaring she was living with her husband Jason Braine.

Judge Andrew Goymer had indicated at an earlier hearing that prison “remained very much on the agenda”.

James Rouse, defending, asked the judge not to “close the door” on a suspended sentence.

Although the couple married in 2000, he said, they had an on-off relationship and lived together on limited dates.

“It is something she bitterly regrets doing,” he said of the offences. “Her claim for income support and housing benefit began as legitimate claims.

“There is no luxurious lifestyle. She is an excellent mother and has done her best raising her children on her own.

“A custodial sentence would be difficult for her. She is on medication for depression. She suffers from asthma.”

Judge Goymer said some people had strange ideas about what was honest and what was dishonest.

“You would never dream of stealing from friends or neighbours or a local shop,” he told Lawrence.

“Sometimes when people commit benefit fraud it is something completely different, because there is not an obvious victim.

“It is a complete mistake to think it is a victimless offence.”

One effect was that honest claims were treated with suspicion.

“It has probably been a very humiliating experience for you to tell people what you have done and ask them to write references for you,” said Judge Goymer.

He added: “If I send you to prison it will have a devastating effect on your children’s lives.”